State of Tennessee v. Denise Wiggins

The Appellant, Denise Wiggins, was convicted by a Shelby County jury of one count of aggravated child abuse and one count of aggravated child neglect of her five-year-old daughter. The trial court subsequently merged the two Class A felonies into a single conviction for aggravated child abuse. Following a sentencing hearing, Wiggins was sentenced to twenty years imprisonment as a violent offender. On appeal, Wiggins raises two issues for our review: (1) whether the evidence is sufficient to support the convictions; and (2) whether the sentence imposed is excessive. After review, we conclude that the evidence is sufficient to support Wiggins’ conviction for aggravated child abuse. We conclude, however, that the evidence is legally insufficient to support her conviction for aggravated child neglect. With regard to sentencing, we remand for resentencing based upon the misapplication of enhancing factors and for adherence with the holding of Blakely v. Washington.